Appeal No. 1996-3318
Application No. 08/287,056
Orndorff describes a dehydrogenase enzyme catalyzed biocide system for use in
industrial process waters wherein added peroxidase enzyme in the presence of hydrogen
peroxide oxidizes phenolic compounds present in or added to a process stream to
generate antibacterial activity (col. 1, line 46 - col. 2, line 22).
Alfa-Laval discloses treating a liquid, e.g., milk, subject to microbial deterioration on
storage by enzymatically generating sufficient hydrogen peroxide in situ to reduce or inhibit
the action of microorganisms in the liquid (page 1, lines 69-77 and page 1,
line 90 - page 2, line 3).
According to the examiner,
It would have been obvious to one of ordinary skill in the art at the time
the invention was made to substitute the glucose oxidase/glucose system [of
Alfa-Laval] for the enzyme system of Orndorff with the expectation that the
hydrogen peroxide known to be produced as a result of the interaction of the
two components would have a microbiocidal effect in industrial process
streams ... . [Answer, page 13.]
However, the examiner has failed to explain where the suggestion or motivation to
substitute the biocide system/compound of Alfa-Laval for the biocide system/compound of
Orndorff is found. While both Orndorff and Alfa-Laval disclose enzymatically catalyzed
biocide systems, these systems differ in the biocide generated, the catalyzed
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